National Parks of Canada Fishing Regulations (C.R.C., c. 1120)

1 [Repealed, SOR/2003-54, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Canada National Parks Act; (Loi)

angling

angling means fishing with a hook and line held in the hand or with a hook, line and rod held in the hand but does not include fishing with a set line; (pêche à la ligne)

artificial fly

artificial fly means a single or double hook on a common shank, dressed with silk, tinsel, wool, fur, feathers or other material, or any combination thereof, without a spinning device whether attached to the hook or line; (mouche artificielle)

chemical attractant

chemical attractant means a chemical or scented substance that is applied inside or onto a lure in order to attract fish; (attractif chimique)

Director

Director[Repealed, SOR/96-245, s. 1]

fillet

fillet includes any piece of fish from which the internal organs, the head, the fins and the bones, except intramuscular or lateral bones, have been removed; (filet)

fish

fish includes a soft-shell clam (Mya arenaria); (poisson)

fish finder

fish finder means a sonar device for detecting fish; (détecteur de poissons)

fishing permit

fishing permit means a fishing permit that is issued pursuant to paragraph 4(a); (permis de pêche)

foul hooking

foul hooking means fishing with a hook or hooks attached to a line manipulated in such a manner as to pierce a fish in any part of its body other than its mouth; (hameçon illicite)

gaff-hook

gaff-hook means any hook attached directly to the end of a rod or pole for the purpose of landing a fish or piercing a fish in any part of its body; (gaffeau)

game fish

game fish means any of the species of fish set out in Schedule I; (poisson de sport)

gang-hook

gang-hook means a combination of two or more hooks used as a unit; (hameçon multiple)

lake trout endorsement

lake trout endorsement means an endorsement to fish for lake trout in the waters of Prince Albert National Park of Canada, issued pursuant to section 4.1; (autorisation de pêcher le touladi)

lead jig

lead jig means one or more weighted hooks that contain more than 1.0 per cent lead by weight and that are tied to a fishing line and used for catching fish; (turlutte plombée)

lead sinker

lead sinker means an object that contains more than 1.0 per cent lead by weight and that can be used to sink a fishing line by attachment of the object to the fishing line; (lest en plomb)

Minister

Minister[Repealed, SOR/96-245, s. 1]

natural bait

natural bait means any material used to attract fish that is partly or wholly composed of plants, animals or plant and animal products, but does not include an artificial fly or a wooden plug; (appât naturel)

open season

open season, with respect to any species of fish, means the period of each year during which fishing for that species is permitted in any park waters; (saison de pêche)

overall length

overall length, with respect to a fish other than a soft-shell clam, means the distance measured from the tip of the nose to the fork of the tail or, if there is no fork, to the tip of the tail and, in respect of a soft-shell clam, means the distance measured in a straight line through the longest part of the shell; (longueur totale)

park

park[Repealed, SOR/93-33, s. 1]

park officer

park officer[Repealed, SOR/99-352, s. 1]

possession

possession has the same meaning as in subsection 4(3) of the Criminal Code; (possession)

salmon licence

salmon licence means a salmon licence that is issued pursuant to paragraph 4(b); (permis de pêche du saumon)

soft-shell clam permit

soft-shell clam permit means a permit that is issued for recreational clam fishing under paragraph 4(c); (permis de pêche de la mye)

Superintendent

Superintendent[Repealed, SOR/90-4, s. 1]

tailer

tailer means a device consisting of a wire, cord or rope arranged on a rod or pole in such a manner as to form a noose or snare for the purpose of landing or catching a fish; (serre-queue)

year

year means the 12-month period commencing on April 1st in any calendar year and terminating on March 31st in the calendar year next following. (année)

Application

2.01 These Regulations apply to parks and, subject to sections 40 and 41 of the Act, to park reserves as if they were parks.

• 2.1 (1) These Regulations do not apply in respect of fishing for commercial purposes for eel, smelt or gaspereau in Kouchibouguac National Park of Canada by persons who

  • (a) in 1967, 1968 or 1969, possessed a commercial fishing licence under the authority of the New Brunswick Fishery Regulations, C.R.C., c. 844, to fish for eel, smelt or gaspereau within the waters of that park; or

  • (b) in 1979, were registered as commercial fishers under the authority of the New Brunswick Fishery Regulations, C.R.C., c. 844, and fished from the Cap St.-Louis or Loggiecroft wharf areas within that park.

• (2) Fishing for commercial purposes for eel, smelt or gaspereau within Kouchibouguac National Park of Canada shall be subject to the requirements of the Fisheries Act and the regulations made under that Act.

2.2 With the exception of paragraphs 15.1(a) and (b), these Regulations do not apply in respect of fishing in the marine portion of Forillon National Park of Canada.

2.3 For those parks within the Inuvialuit Settlement Region, these Regulations do not apply to the beneficiaries of the Inuvialuit Final Agreement as approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act.

2.4 For those parks within the Nunavut Settlement Area, these Regulations do not apply to the beneficiaries of the Nunavut Land Claims Agreement as approved, given effect and declared valid by the Nunavut Land Claims Agreement Act.

2.5 For those parks within the Yukon Territory, south of the Inuvialuit Settlement Region, these Regulations do not apply to the beneficiaries, within their respective traditional territories, of the Champagne and Aishihik First Nations Final Agreement and of the Vuntut Gwitchin First Nation Final Agreement as approved, given effect and declared valid by the Yukon First Nations Land Claims Settlement Act.

2.6 For the Gwaii Haanas National Park Reserve of Canada, these Regulations do not apply to people of the Haida Nation to whom the Gwaii Haanas Agreement, authorized by Order in Council P.C. 1992-1591 dated July 16, 1992, applies.

Fishing Permits

• 3 (1) Subject to subsections (2) and (3), no person shall fish

  • (a) in any park waters set out in column I of Schedule II unless that person is the holder of a fishing permit;

  • (b) for salmon in any waters in Terra Nova National Park of Canada unless that person is the holder of a salmon licence and is in possession of at least one unused salmon tag;

  • (c) for lake trout in any waters of Prince Albert National Park of Canada unless that person is the holder of a lake trout endorsement and a fishing permit issued pursuant to paragraph 4(a) and is in possession of at least one unused lake trout tag;

  • (d) for soft-shell clams in any waters in Kouchibouguac National Park of Canada unless that person is the holder of a soft-shell clam permit;

  • (e) for salmon in any waters in Cape Breton Highlands National Park of Canada unless that person is the holder of a salmon licence; or

  • (f) for salmon in any waters in Gros Morne National Park of Canada unless that person is

    • (i) the holder of a salmon licence and in possession of at least one unused salmon tag, and

    • (ii) the holder of a salmon licence issued under the Wild Life Regulations, Consolidated Newfoundland and Labrador Regulation 1156/96, made under the Wild Life Act, chapter W-8 of the Revised Statutes of Newfoundland, 1990, and in possession of at least one unused salmon tag issued under those Regulations.

• (2) Paragraph (1)(a) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a fishing permit.

• (3) Paragraph (1)(b) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a salmon licence and is in possession of at least one unused salmon tag.

• (4) Paragraph (1)(c) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a lake trout endorsement and is in possession of at least one unused lake trout tag.

• (5) Paragraph (1)(d) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a soft-shell clam permit.

• (6) Paragraph (1)(e) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a salmon licence.

4 A superintendent shall, on application by any person and payment by that person of the applicable fee fixed under section 24 of the Parks Canada Agency Act, issue to that person

• (a) a fishing permit;

• (b) a salmon licence and, where applicable, one salmon tag; or

• (c) a soft-shell clam permit.

4.1 A superintendent shall, on application by any person who holds a fishing permit, issue to that person a lake trout endorsement and a maximum of two lake trout tags.

5 A fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement

• (a) is valid for the period in respect of which it is issued; and

• (b) is valid only when signed by the person to whom it is issued.

6 Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been lost, a superintendent shall issue, without charge, a new permit, licence or endorsement, as the case may be, to a person who establishes that the person is the holder of the lost permit, licence or endorsement.

7 Every person shall, when fishing, carry any fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement issued to that person and shall, on request by a superintendent or park warden, produce the permit, licence or endorsement for examination.

• 7.1 (1) Every person who holds a salmon licence and who catches salmon in a park shall, in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the salmon licence,

  • (a) register their catch of salmon;

  • (b) maintain a record of their catch of salmon; and

  • (c) submit that record to a park warden.

• (2) Every person who registers a catch of salmon pursuant to paragraph (1)(a) shall present the entire salmon at the time of registration.

• (3) [Repealed, SOR/99-352, s. 7]